Seems to have gone about as I expected. Unless John Roberts decides that racial discrimination is a tax on Asians, affirmative action will be significantly restricted, though not outlawed.
JUSTICE KENNEDY: So what you’re saying is that what counts is race above all.
MR. GARRE: No, Your Honor, what counts is different experiences -
JUSTICE KENNEDY: Well, that’s the necessary — that’s the necessary response to Justice Alito’s question.
MR. GARRE: Well, Your Honor, what we want is different experiences that are going to — that are going to come on campus -
JUSTICE KENNEDY: You want underprivileged of a certain race and privileged of a certain race. So that’s race.